Crohn v. Clay County State Bank
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Non. Francis H. Trimble, Judge. (1) Payment made in good faith to the administrator at the domicile of the deceased before there is any local administration is a valid discharge of the debt. Watkins v. Ellett, 108 U. S. Sup. .256; Maas, Adm., etc. v. Bank, 176 N. Y. 377; Schluter v. Bank, 117 N. Y. 125; Ramsey v. Ramsey, 97 111. App. 270; 13 Am. & Eng. Ency.
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Appeal from Clay Circuit Court. — Non. Francis H. Trimble, Judge. (1) Payment made in good faith to the administrator at the domicile of the deceased before there is any local administration is a valid discharge of the debt. Watkins v. Ellett, 108 U. S. Sup. .256; Maas, Adm., etc. v. Bank, 176 N. Y. 377; Schluter v. Bank, 117 N. Y. 125; Ramsey v. Ramsey, 97 111. App. 270; 13 Am. & Eng. Ency. Law (2 Ed.), page 932, and cases cited in note; 18 Cyc., page 1227; In re Williams, 130 Iowa 553, 107 N. W. 611. (2) A debtor residing in a jurisdiction other than the domicile may waive the incapacity of…
1Opinion of the CourtEllison, J.
— Plaintiff is the public administrator of Jackson county, in charge of the estate of William H. Lowe, deceased. He brought this action to recover a deposit of $1,500 left by deceased with the defendant, a banking institution in a county adjoining Jackson. The judgment in the trial court was for the plaintiff.
• It appears that’ Lowe resided in the State of Iowa and that he died in the State of Kansas in November, 1906, leaving also a deposit of $1,000 in a bank in Jackson county. In that month letters of administration were granted on his estate in his home county in Iowa to O. W. Huff, who…
2Cases cited9 opinions
- Richardson v. BuschSupreme Court of Missouri · 1906
- Becraft v. LewisMissouri Court of Appeals · 1890
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Naylor's Administrator v. MoffattSupreme Court of Missouri · 1859
- In re Partnership Estate of Henry Ames & Co.Supreme Court of Missouri · 1873
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3Cited by9 opinions
- Buder v. BeckerCourt of Appeals for the Eighth Circuit · 1950
- Saner-Ragley Lumber Co. v. SpiveyTexas Commission of Appeals · 1922
- Hartnett v. Langan.Supreme Court of Missouri · 1920
- Alkema v. WidmeyerMissouri Court of Appeals · 1987
- State ex rel. Collector of Knox County v. BunceMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.